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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
WILLIS BROADCASTING CORPORATION ) File No. EB-02-IH-0873
)
Licensee of Stations KDLA, ) Facility ID #s 9028
DeRidder, LA, KVLA, Vidalia, ) 32180
LA, ) 172
WBTE, Windsor, NC, ) 68577
WGRM, Greenwood, MS, ) 11889
WGRM-FM, Greenwood, MS, ) 72503
WHFD(FM), Lawrenceville, VA, ) 72816
WJNS-FM, Yazoo City, MS, ) 72813
WPCE, Portsmouth, VA, ) 31863
WSDT, Soddy-Daisy, TN, ) 72814
WTJH, East Point, GA, ) 173
WURB(FM), Windsor, NC )
)
ALL-CHANNEL TV SERVICES, INC. )
) Facility ID # 1018
Licensee of Station WBIL, )
Tuskegee, AL )
)
ARKANSAS RADIO CORP. ) Facility ID # 2778
)
Licensee of Station KLRG, North )
Little Rock, AR )
) Facility ID #s 5354
BIRMINGHAM CHRISTIAN RADIO, ) 726
INC. ) 54472
) 70262
Licensee of Stations WAYE, )
Birmingham, AL, )
WLPH, Talladega, AL, )
WNUZ, Talladega, AL, ) Facility ID # 10631
WRAG, Carrollton, AL )
)
CHARLOTTE CHRISTIAN RADIO, INC. )
)
Licensee of Station WGSP, ) Facility ID # 10917
Charlotte, NC )
)
CHRISTIAN BROADCASTING )
CORPORATION ) Facility ID #s 52645
) 17761
Licensee of Station WBOK, New )
Orleans, LA )
)
DURHAM CHRISTIAN RADIO, INC. )
)
Licensee of Stations WCRY, ) Facility ID # 18649
Fuquay-Varina, NC, )
WSRC, Durham, NC )
)
Facility ID #s 20408
20409
ORDER
Adopted: June 14, 2004
Released: June 16, 2004
By the Chief, Enforcement Bureau:
1. By this Order, we adopt the attached Consent
Decree entered into between the Enforcement Bureau
and the above-captioned licensees, which is
incorporated by reference herein.
2. We have reviewed the Consent Decree and
evaluated the circumstances underlying the Bureau's
investigation. We believe that the public interest
would be served by adopting the Consent Decree and
terminating the investigatory proceeding, except as
provided in the Consent Decree.
3. ACCORDINGLY, IT IS ORDERED that, pursuant to
sections 4(i) of the Communications Act of 1934, as
amended,1 and sections 0.111 and 0.311 of the
Commission's rules,2 the Consent Decree attached
hereto IS ADOPTED.
4. IT IS FURTHER ORDERED, that a copy of this
Order and Consent Decree shall be sent by certified
mail, return receipt requested to Levi E. Willis,
Sr., President of the captioned licensees, 645
Church Street, Suite 400, Norfolk, VA 23510, with
copies to the licensees' counsel, John C. Trent,
Esq., Putbrese, Hunsaker & Trent, P.C., 100
Carpenter Drive, Suite 100, P.O. Box 217, Sterling,
VA 20167-0217, Lauren A. Colby, Esq., Post Office
Box 113, Frederick, MD 21705-0113, and Daniel A.
Huber, Esq., 560 N Street, S.W., Suite 501,
Washington, D.C. 20024.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
CONSENT DECREE
I. Introduction
1. This Consent Decree is entered into by the
Enforcement Bureau of the Federal Communications Commission
and the following corporations, all of which are either
wholly-owned or majority-controlled by Levi E. Willis, Sr.,
of Norfolk, Virginia: Willis Broadcasting Corporation; All-
Channel TV Services, Inc.; Arkansas Radio Corp.; Birmingham
Christian Radio, Inc.; Charlotte Christian Radio, Inc.;
Christian Broadcasting Corporation; Durham Christian Radio,
Inc.; Edenton Christian Radio, Inc.; Kinston Christian
Radio, Inc.; Metro Communications, Inc.; Virginia Urban
Radio, Inc.; Willis & Sons, Inc.; and Winston-Salem
Broadcasting Corporation. The aforesaid corporations are
the licensees of one or more radio broadcast stations, fully
described in Table I, attached, which forms a part of this
Consent Decree.
II. Definitions
2. For the purposes of this Consent Decree, the
following definitions shall apply:
a) ``Willis'' or the ``Willis Companies'' refer,
collectively, to the corporations owned or
controlled by Levi E. Willis, Sr., as described
in paragraph 1, supra, and in Table I;
b) ``Bureau'' means the Enforcement Bureau of
the Federal Communications Commission;
c) ``Parties'' means the Bureau and the Willis
Companies;
d) ``Willis Stations'' means the radio broadcast
stations licensed to the Willis Companies;
e) ``NAL'' means a Notice of Apparent Liability
for Forfeiture;
f) ``OSC'' means an Order to Show Cause why the
licenses of the Willis Stations or any of them
should not be revoked, issued by the FCC
pursuant to 47 U.S.C. § 312;
g) ``Act'' means the Communications Act of 1934,
as amended, 47 U.S.C. Sections 151 et seq.;
h) ``Order'' means an order of the Bureau
adopting this Consent Decree;
i) ``Media Bureau'' means the Media Bureau of
the Federal Communications Commission;
j) ``Commission'' or ``FCC'' means the Federal
Communications Commission;
k) ``Effective Date'' means the date on which
the Bureau releases the Order; and
l) ``Rules'' means the Commission's regulations
set forth in Title 47 of the Code of Federal
Regulations;
m) ``HDO'' means a Hearing Designation Order,
issued by the FCC pursuant to 47 U.S.C. § 309.
III. Background
3. Beginning in 1999, inspections of several Willis
Stations by the Bureau's field staff revealed various
apparent violations of Commission rules related to technical
operation and public safety, which led to the issuance of
forfeitures against the stations' respective licensees.
Ultimately, litigation was instituted and a default judgment
was entered against Willis Broadcasting Corp. for non-
payment of the forfeitures. See United States v. Willis
Broadcasting Corp., Civil Action No. 201CV342 (E.D. Va.,
June 22, 2001). Subsequently, additional judgments
regarding similar unpaid forfeitures were obtained by the
United States against Willis and against Christian
Broadcasting Corporation, which is also controlled by
Willis. The judgments against Willis, which totaled more
than $85,000 as of January 2004, remain unpaid. Willis also
owes federal taxes as well as regulatory fees due to the
Commission for its stations pursuant to 47 C.F.R. § 1.1153.
4. On October 28, 2003, the Bureau, pursuant to 47
C.F.R. § 1.88, wrote a pre-designation letter to Willis.
The Bureau's letter advised that Bureau staff inspections of
Willis Stations and subsequent events raised serious
questions about Willis's qualifications to remain a
licensee. Specifically, not only had the inspections
revealed numerous, ongoing violations of the Commission's
technical, safety and other rules, but also Willis had
failed repeatedly to respond to official notices of
violation or other correspondence from the Commission. The
Bureau's letter provided Willis an opportunity to explain
why it should be allowed to remain a licensee. A second
letter, also dated October 28, 2003, sent by the Bureau to
Willis, directed Willis to answer specific questions
supported by appropriate documents as well as declarations
under penalty of perjury.
5. By letters dated and filed January 23, 2004,
Willis responded to the Bureau's letters. Among other
things, Willis explained that the sole shareholder of the
Willis Companies and its Chief Executive Officer, Levi E.
Willis, Sr. (``Bishop Willis''), had a serious illness
during which time he had not been properly able to attend to
matters of concern to the Bureau. In addition, Bishop
Willis declared that, since receipt of the Bureau's letters,
he had made vigorous efforts to correct the violations.
Information submitted with the Willis responses indicated
that the violations cited in the Bureau's letters either had
been corrected or that the licenses of the pertinent
stations had been surrendered for cancellation.
Subsequently, however, Bureau inspections or re-inspections
of a number of the Willis Stations indicated that they were
still in violation of the Rules and/or the terms of their
licenses, albeit for violations other than those originally
cited in the Bureau's October 28, 2003, letters.
6. Willis has pending two applications to assign the
licenses for stations WWCA, Gary, Indiana (Facility ID
#41332) (File No. BAL-20020730ABJ) and WJNS-FM, Yazoo City,
Mississippi (Facility ID #72816) (File No. BALH-20030423AAS)
(collectively, the ``Assignment Applications''). Willis has
proposed to apply the proceeds from the sale of those
stations to satisfy the judgments noted above as well as any
other unpaid forfeitures, regulatory fees and taxes.
IV. Agreement
7. Willis agrees that the Bureau has jurisdiction
over the matters contained in this Consent Decree and the
authority to enter into and adopt this Consent Decree.
8. The Bureau and Willis agree that this Consent
Decree does not constitute an adjudication on the merits or
any finding on the facts or the law regarding any violations
of the Act or the Rules committed by Willis, other than
those matters that are the subject of judgments which have
already been entered by United States federal district
courts.
9. In express reliance upon the representations
contained herein, the Bureau agrees to terminate its
investigation into the matters discussed in paragraphs 3-5,
above, except as hereafter specified.
10. Upon release of the Order, Willis will, within
five (5) days, surrender for cancellation the licenses for
the following four stations: KLRG, North Little Rock,
Arkansas (ID #2778); KVLA, Vidalia, Louisiana (ID #32180);
WCRY, Fuquay-Varina, North Carolina (ID #52645); and WSVE,
Jacksonville, Florida (ID #10519).
11. As soon as possible after execution of the Consent
Decree, it is anticipated that the Media Bureau will, if
necessary for assignment purposes, grant Willis's pending
license renewal applications for Stations WWCA, Gary,
Indiana (ID #41332) and WJNS-FM, Yazoo City, Mississippi (ID
#72816) and condition those renewals on the consummation of
the assignment of the stations from Willis as contemplated
in the Assignment Applications. Immediately thereafter, it
is further anticipated that the Media Bureau will grant the
Assignment Applications, conditioned upon consummation of
such assignment within ten (10) days of their grant. If
these assignments are not so consummated within the
stipulated ten (10) day period, the renewal and assignment
grants for Stations WWCA and WJNS-FM will be set aside and
voided and, within five (5) days of such action by the
Commission, Willis will simultaneously surrender for
cancellation the licenses for those stations as well as the
licenses for the following stations: KDLA, DeRidder,
Louisiana (ID #9028); WGRM-FM, Greenwood, Mississippi (ID
#11889); WBOK, New Orleans, Louisiana (ID #10917); WGPL,
Portsmouth, Virginia (ID #69560); WNUZ, Talladega, Alabama
(ID #54472); and WTJH, East Point, Georgia (ID #72814).
12. At the closing for the sales of Stations WWCA and
WJNS-FM, all proceeds from the sales will be placed in
escrow (``the Escrowed Funds'') with Willis's attorneys,
John C. Trent, Lauren A. Colby, and Daniel A. Huber (``the
Escrow Agents''). The Escrowed Funds will be applied first
to the payment in full of federal taxes, judgments obtained
by the United States against Willis, FCC regulatory fees,
and any other outstanding forfeitures leveled by the FCC
against the Willis Companies, with such payment to be made
by the Escrow Agents within ten (10) days of consummation of
the assignment of the stations. The remainder of the
Escrowed Funds will be applied to repairing the Willis
Stations to bring them into compliance with the Rules and
the terms and conditions of their licenses. No part of the
Escrowed Funds will be used for any other purpose until
Willis has certified to the Commission that its remaining
stations are in compliance as described, infra. If the
proceeds are not used in this manner, this Consent Decree
(except for the remainder of this sentence) shall become
void and, within five (5) days of the Commission's notice to
Willis of such a state of affairs, Willis shall surrender
for cancellation the licenses for Stations KDLA, DeRidder,
Louisiana (ID #9028); WGRM-FM, Greenwood, Mississippi (ID
#11889); WBOK, New Orleans, Louisiana (ID #10917); WGPL,
Portsmouth, Virginia (ID #69560); WNUZ, Talladega, Alabama
(ID #54472); and WTJH, East Point, Georgia (ID #72814).
13. Within sixty (60) days of the consummation of the
assignments of the licenses for Stations WWCA and WJNS-FM as
contemplated in the Assignment Applications, Willis will
inspect Stations KDLA, DeRidder, Louisiana (ID #9028); WGRM-
FM, Greenwood, Mississippi (ID #11889); WBOK, New Orleans,
Louisiana (ID #10917); WGPL, Portsmouth, Virginia (ID
#69560); WNUZ, Talladega, Alabama (ID #54472); and WTJH,
East Point, Georgia (ID #72814) and certify that each
station is in compliance with all Rules and all terms and
conditions of its license. The FCC's Broadcast Self-
Inspection Checklists shall be used as a guide when
conducting each inspection.
(http://www.fcc.gov/eb/bc-chklsts/). For each station that
Willis either fails or is unable to certify as being in
compliance, Willis shall surrender for cancellation the
license for that station at the time that such certification
is due.
14. Within ninety (90) days of consummation of the
assignment of the licenses for Stations WWCA and WJNS-FM as
contemplated in the Assignment Applications, Willis will
certify that all remaining stations under its control are in
compliance with the Rules. The FCC's Broadcast Self-
Inspection Checklists (http://www.fcc.gov/eb/bc-chklsts/)
shall be used as a guide when conducting each inspection and
review. Failure or inability to so certify will result in
issuance of an NAL or HDO at the discretion of the FCC.
15. Renewal applications for all Willis Stations which
have not yet been granted, except those for Stations WWCA
and WJNS-FM which are discussed in paragraph 11, above,
shall remain pending until FCC field staff has verified the
validity of the certifications. Such verifications are to
be undertaken as promptly as possible following the FCC's
receipt of the certifications by Willis.
16. Every six (6) months thereafter for the remainder
of the respective license term of each Willis Station,
Willis will certify that the station is in compliance with
the Rules. The FCC's Broadcast Self-Inspection Checklists
(http://www.fcc.gov/eb/bc-chklsts/) shall be used as a guide
when conducting each inspection and review. The failure by
Willis to so certify will result in the Bureau's issuance of
an NAL, OSC or similar document at its discretion.
17. All certifications referenced in paragraphs 13-16,
above, shall be delivered to the Bureau within fourteen (14)
days of the applicable execution deadline.
18. Willis agrees that any violation by it of the
Consent Decree shall constitute a separate violation of a
Commission order and subject Willis to appropriate
administrative sanctions.
19. Willis waives any and all rights it may have to
seek administrative or judicial reconsideration, review,
appeal or stay, or to otherwise challenge or contest the
validity of this Consent Decree and the Order, provided the
Order adopts the Consent Decree without change, addition or
modification.
20. Willis agrees to waive any claims it may otherwise
have under the Equal Access to Justice Act, 5 U.S.C. Section
504 and 47 C.F.R. Section 1.1501 et seq., relating to the
matters discussed in this Consent Decree.
21. Willis and the Bureau agree that the
effectiveness of this Consent Decree is expressly contingent
upon issuance of the Order, provided the Order adopts the
Consent Decree without change, addition or modification.
22. Willis and the Bureau agree that if Willis, the
Commission or the United States on behalf of the Commission,
brings a judicial action to enforce the terms of the Order
adopting this Consent Decree, neither Willis nor the
Commission shall contest the validity of the Consent Decree
or Order, and Willis and the Commission shall waive any
statutory right to a trial de novo with respect to any
matter upon which the Order is based (provided in each case
that the Order is limited to adopting the Consent Decree
without change, addition, or modification), and shall
consent to a judgment incorporating the terms of this
Consent Decree.
23. Willis and the Bureau agree that, in the event
that this Consent Decree is rendered invalid by any court of
competent jurisdiction, it shall become null and void and
may not be used in any manner in any legal proceeding.
24. This Consent Decree may be signed in counterparts
and/or by telecopy and, when so executed, the counterparts,
taken together, shall constitute a legally binding and
enforceable instrument whether executed by telecopy or by
original signatures.
WILLIS BROADCASTING CORPORATION
ALL-CHANNEL TV SERVICES, INC.
ARKANSAS RADIO CORP.
BIRMINGHAM CHRISTIAN RADIO, INC.
CHARLOTTE CHRISTIAN RADIO, INC.
CHRISTIAN BROADCASTING CORPORATION
DURHAM CHRISTIAN RADIO, INC.
EDENTON CHRISTIAN RADIO, INC.
KINSTON CHRISTIAN RADIO, INC.
METRO COMMUNICATIONS, INC.
VIRGINIA URBAN RADIO, INC.
WILLIS & SONS, INC.
WINSTON-SALEM BROADCASTING CORPORATION
WITNESS: By: ___________________________
Levi E. Willis, Sr.,
President
__________________________ Date:
___________________________
ENFORCEMENT BUREAU
FEDERAL COMMUNICATIONS COMMISSION
By: _____________________________
David H. Solomon, Chief
Date: ____________________________
Call Ser- Location Facil- Licensee Name
Sign vice ity ID
No.
KLRG AM North Little Rock, 2778 Arkansas Radio
Arkansas Corporation
KVLA AM Vidalia, Louisiana 32180 Willis Broadcasting
Corporation
WCRY AM Fuquay-Varina, 52645 Durham Christian
North Carolina Radio, Inc.
WSVE AM Jacksonville, 10519 Willis & Sons, Inc.
Florida
WWCA AM Gary, Indiana 41332 Metro Communications,
Inc.
WJNS- FM Yazoo City, 72816 Willis Broadcasting
FM Mississippi Corporation
KDLA AM De Ridder, 9028 Willis Broadcasting
Louisiana Corporation
WGRM AM Greenwood, 68577 Willis Broadcasting
Mississippi Corporation
WGRM- FM Greenwood, 11889 Willis Broadcasting
FM Mississippi Corporation
WBOK AM New Orleans, 10917 Christian
Louisiana Broadcasting
Corporation
WGPL AM Portsmouth, 69560 Virginia Urban Radio,
Virginia Inc.
WNUZ AM Talladega, Alabama 54472 Birmingham Christian
Radio, Inc.
WTJH AM East Point, 72814 Willis Broadcasting
Georgia Corporation
WBTE AM Windsor, North 172 Willis Broadcasting
Carolina Corporation
WPCE AM Portsmouth, 72813 Willis Broadcasting
Virginia Corporation
WSDT AM Soddy-Daisy, 31863 Willis Broadcasting
Tennessee Corporation
WURB FM Windsor, North 173 Willis Broadcasting
Carolina Corporation
WHFD FM Lawrenceville, 72503 Willis Broadcasting
Virginia Corporation
WAYE AM Birmingham, 5354 Birmingham Christian
Alabama Radio, Inc.
WLPH AM Irondale, Alabama 726 Birmingham Christian
Radio, Inc.
WRAG AM Carrollton, 70262 Birmingham Christian
Alabama Radio
WBIL AM Tuskegee, Alabama 1018 All Channel TV
Services, Inc.
WBXB FM Edenton, North 18649 Edenton Christian
Carolina Radio, Inc.
WSRC AM Durham, North 17761 Durham Christian
Carolina Radio, Inc.
WELS AM Kinston, North 20408 Kinston Christian
Carolina Radio, Inc.
WELS FM Kinston, North 20409 Kinston Christian
Carolina Radio, Inc.
WGSP AM Charlotte, North 10631 Charlotte Christian
Carolina Radio, Inc.
WCPK AM Chesapeake, 64003 Winston-Salem Radio
Virginia Corporation
_________________________
1 47 U.S.C. §§ 154(i).
2
47 C.F.R. §§ 0.111, 0.311.